Originally Posted by
petaluma1
I call horsehockey on the highlighted phrase. Why in heavens name would TSA take the time to give anyone a receipt in light of the fact that TSA claims that items that are confiscated can never be returned? Has anyone here EVER received a receipt for an item confiscated at a checkpoint?
okay, point taken, I could have been more careful in what I meant so some clarification.
The highlighted sentence was referencing when actual real law enforcement (gubmint minions) seizes/confiscates items - not TSA. As pointed out by others, TSA has no authority to seize and technically, legally, the
TSA does not confiscate/seize/take items - the passenger forfeits or surrenders the item(s) to the TSA and the TSO then puts it in a container for later disposal. When the gubmint does technically seize/confiscate/take an item it must give a receipt. Since TSA does not seize/confiscate then it does not need to give a receipt when a person forfeits/surrenders/leaves an item at the checkpoint. So yes, you are correct, TSA does not ever give receipts for the millions of nail clippers and soda pop bottles and other benign items it has protected us from by not permitting them past the checkpoint.
In practice, pax typically do not have the flexibility to make alternate arrangements for an item that will not be allowed past the checkpoint, especially considering they must continue the inspection process before being able to leave the checkpoint, retrieve the item and implement alternate arrangements (and who has an extra bag that can be checked or can find a mailbox/post office close by!?!?) and so it absolutely, sure as hell feels like the item(s) have been seized/confiscated/taken. But they technically have not been seized and the courts agree they have not been seized.
But it has happened to me personally, and recently, at an airport where I am not credentialed and do not know security personnel, where I was able to make alternate arrangements for items not permitted through the checkpoint (packaged food items - Ghiradelli chocolate sauce
- I was able to give back to family still waiting at the airport). Generally TSA does not allow retrieval of prohibited items for alternate arrangements due to operational reasons and in some cases federal law does not allow it but in my case it occurred at a relatively small airport (SJC) and at a very slow time; I got lucky the TSOs exercised their discretion, liberally.
I am still not believing the story as is.